2004 P Cr (PLP)

Art. 22

Identification parade, holding of

Holding of test identification parade would become all the more essential in cases where names of accused were not provided in the F.I.R.

Holding of such identification parade was a check against false implication and it was a good piece of evidence against the real culprits

If witnesses were fair a test identification parade, that would go a tong way to prove that story put forth by them was true

Holding of test identification parade could not be dispensed with simply for the reason that accused committing robbery had subsequently been found in possession of robbed goods. N.A. Butt and Waheed Anwar for Petitioner. Muntazir Mehdi for the State. Both these petitions arise out of the same F.I.R., so these are being disposed of together through this single order.

2. Kashif Aziz plies Suzuki Riksha LRK-9755. On the night between 26/27-7-2003 he boarded few passengers from fair of Baba Kamal Chishti and left for Steel Bagh More. Four passengers got down at Chowk whereas two others asked him to drop them at Sadar Dewan path way. Only their heights and ages have been furnished by him in the F.I.R. They took out their pistols and tied him on the road side. They carried away his Riksha. He forthwith reported the matter to the police whereupon investigation commenced.

3. Petitioners moved the Court of learned Additional Sessions Judge, Kasur without success. Allah Wasaya petitioner preferred Crl. Misc. No.1089/B of 2004 which was dismissed for non-prosecution on 16-2-2004. Now they have approached this Court seeking same relief.

4. Learned counsel for the petitioners strenuously argues that names of the petitioners are not mentioned in the F.I.R. Entire evidence has been fabricated by the police in collusion with the complainant. There is no direct evidence connecting them with the offences, alleged to have been committed by them. They are no longer required for further investigation and no further offence is to be discovered from them.

5. Learned counsel for the State resists these petitions.

6. Both the sides have been heard at length. Admittedly, prosecution bitterly failed to hold a test identification parade to fix up identity of the petitioners. It has not come on record as to why identification parade of the petitioners, through witnesses was not held. Their names do riot figure to the F.I.R. Holding of test identification parade becomes all the more essential in cases where, names of the accused are not provided in the F.I.R. Holding of such identification parade is a check against false implication and it is a good piece of evidence against the real culprits. If witnesses fair well at test identification parade, that would go a long way to prove that the story put forth by them is legitimate. Holding of test identification parade cannot be dispensed with simply for the reasons that the accused committing the robbery has been subsequently found in possession of the robbed goods. Whether the provisions of section 103, Cr.P.C. were fully complied with by the Investigating Officer in its letter and spirit is to be seen at trial. Allegations against the petitioners falls within the ambit of further inquiry. Reference may advantageously be made to 2002 SCMR 1304.

7. For all these reasons I am inclined to allow bail to the petitioners. Accordingly, they are directed to be released from custody subject to their furnishing bail bonds in the sum of Rs.1,00,000 each with one surety each in the like amount to the satisfaction of trial Court. H.B.T./A-170/L Bail granted.